EXM2.CreightonVer

Question 1

Define Reasonable Suspicion

Answer 1

More than a mere hunch Strong suspicion based upon articulable facts or circumstances that a crime has been, is being, or is about to be committed

Question 2

(3) Types of Officer / Citizen Encounters and their Burdens of Proof

Answer 2

(1) Voluntary / Consensual = No BOP
(2) Temporary Detention = RS BOP
(3) Arrest = PC

Question 3

Terry Stops

Question 4

Detentions

Question 5

Different Types of “Seizures”

Answer 5

A Seizure is taking

Investigative Detention = seizure
Arrest = seizure
Consensual contact or voluntary = NO seizure

De facto arrest describes a seizure of an individual that exceeds the bounds of an investigative detention

Arrest Warrant = Seizure of person named, commanded by judge

Seizing evidence from subject’s body – usually need a warrant or consent.

(1) Use of emergency LIGHTS
(2) Use of display of WEAPONS
(3) PHYSICAL TOUCHING by officer
(4) NUMBER of officers present
(5) Verbal Commands / Non-Verbal Messaging
(6) BLOCKING of exits or pathways

Relies on whether a reasonable person would have felt free to disregard the police, decline the officers request, or otherwise terminate the encounter

A seizure by force — absent of submission — only lasts as long as the application of force

An officers use of a flashlight at night does not qualify as a seizure

A traffic stop is a seizure as long as the officer had reasonable suspicion that a violation occurred

During a traffic stop an officer must use the least intrusive means reasonably available to verify or dispel their suspicions in a short period of time, other wise risk an unreasonable seizure

During a voluntary or consensual encounter NO Seizure has occurred

During a welfare check if an officer refuses to let someone leave without identifying themselves it would constitute an illegal seizure of that person

Courts have determined an unlawful seizure occurred when an officer initiated his overhead lights when the purpose of the contact was community caretaking

Context is everything with a seizure

the plain view doctrine applies to warrantless seizures of items while lawfully in a constitutionally protected area

search and seizure of abandoned property is excluded from the warrant requirement

Standing - the defendant has the threshold burden to show that a search or seizure occurred which
infringed on his or her reasonable or legitimate expectation of privacy in the area searched
or property seized.

A Seizure must comply with 4th amendment and be “reasonableness” — it must be justified by reasonable suspicion or probable cause

Under the automobile exception “there is no requirement that the warrantless search of a
vehicle occur contemporaneously with its seizure.”

The plain view doctrine applies to seizures of items observed in plain view while lawfully in
a constitutionally protected area — from a lawful vantage point, there has been no invasion of a person’s legitimate expectation of privacy in allowing seizure of the contraband or evidence.

A warrantless search or seizure may be justified due to exigent circumstances

The impoundment of an automobile constitutes a seizure, and therefore, it must comply with the 4th Amendment standards of reasonableness.

The Mystery of Search & Seizure — like the Mystery of the Dead Cat — is solved by considering the totality of the circumstances and placing facts in the right context.

An arrest is any seizure exceeding the permissible bounds of a stop

Question 6

Ways you can detain someone

Answer 6

Reasonable suspicion is information which is sufficient to cause an officer to reasonably
believe the person to be detained

An officer’s decision to detain cannot be predicated upon a mere “hunch,” but must be based upon
articulable facts describing suspicious behavior which would distinguish the defendant
from an ordinary, law-abiding citizen

An officer may stop and detain an individual if, based upon the totality of
the circumstances, the officer has a reasonable suspicion, based on specific and
articulable facts, that the suspect has been, is currently, or is about to engage in
criminal activity

May not be detained with individuals charged with or convicted of a crime. - Adult mental holds

Question 7

What Constitutes a seizure

Answer 7

Relies on whether a reasonable person would have felt free to disregard the police, decline the officers request, or otherwise terminate the encounter

Question 8

Idaho Constitution version of US 4th Amendment

Answer 8

Article 1 section 17

Question 9

Whats happens during a traffic stop

Answer 9

Reasonable Suspicion is used to seize a person in their vehicle long enough for the officer to determine

Question 10

Know when and how you can do a “Terry Stop”

Question 11

When does Miranda Apply and when do you need to read it

Question 12

Doctrines

Answer 12

Open View
Plain View
Buie Sweep
Search Incident to arrest doctrine
Plain Smell
Collective Knowledge Doctrine
Open Fields
Open Air
Plain Feel

Question 13

Mapp v. Ohio

Question 14

Chimel v. California

Question 15

Terry v. Ohio

Question 16

Weeks v. US

Question 17

Who can serve warrants?

Answer 17

Peace officers

Question 18

Exceptions to the Warrant Requirement

Question 19

Consequences for Officers who do things wrong

Answer 19

(1) Effect on Criminal Prosecutions
(2) Criminal Liability (18-703 + 18-2901 =-3,568 Misdemeanors)
(3) Civil Liability
(4) Department Discipline

18-703 - Misdemeanor / 18-2901 - Misdemeanor / 42 USC 1983

PDF - Pg. 135

Question 20

Evidence

Question 21

Miranda v. Arizona

Question 22

Rules of Evidence

Answer 22

All evidence must be = Admissible

Relevant + Competent + Legally Obtained ( Must have all 3)

Hearsay Rule

Hearsay statements are NOT admissible except as provided by the Rules of Evidence.

Hearsay is an OUT-OF-COURT statement offered for the truth of the matter.

The Idaho Rules of Evidence allow for two kinds of opinion evidence, lay and expert opinions.

404b Evidience - allows state to introduce evidence of prior bad acts into evidence

An admission by a defendant is considered a non-hearsay statement

Question 23

Types of Witnesses

Question 24

Levels of Courts and what they rule over

Question 25

Meth in any amount is?

Answer 25

Felony

Question 26

Different types of Trials

Answer 26

Jury & Bench Trials

Question 27

State v. Gant

Question 28

Stave v. Bell

Question 29

Clarke Rule

Question 30

CREW

Question 31

OIC